153.455Data organization; contract contingency.(1) Except as provided in subs. (2), (3), and (4), beginning on the date, if any, that is 60 days after the contract under s. 153.05 (2r) takes effect, the department shall cease collecting, for calendar quarters that occur after that date, health care information as specified under s. HFS 120.14 (1), 2005 Wis. Adm. Code, in effect on the effective date of this subsection .... [revisor inserts date].

(2) Subsection (1) does not apply to ss. 153.21 (1) and 153.60 (1).

(3) Beginning on the date, if any, that the secretary of health and family services and the secretary of employee trust funds determine that the data organization is not in compliance with the contract under s. 153.05 (2r) with respect to the performance of the collection and public reporting of information regarding the cost, quality, and effectiveness of health care, including the development and maintenance of a centralized data repository, or determine that there is insufficient statewide participation under the requirements of the contract, the secretaries may modify or terminate the contract. If the secretaries terminate the contract, they shall recommend to the department of administration that that department use a competitive request-for-proposal process to solicit offers from other organizations for performance of the services required of the data organization under the terminated contract. If no organization responds to the request for proposals or if a successor contract cannot be achieved, sub. (4) applies.

(4) If the contract with the data organization is terminated under sub. (3) and no organization responds to the request for proposals or a successor contract cannot be achieved, the department, in its capacity as a public health authority, shall collect health care information, including as specified under s. HFS 120.14 (1), Wis. Adm. Code, in effect on the effective date of this subsection .... [revisors inserts date], and may request health care claims information, which may be voluntarily provided by insurers or administrators, under this chapter; shall analyze and disseminate, or contract for the performance of analysis and dissemination of, the health care information; and may analyze and disseminate, or may contract for the performance of analysis and dissemination of, the health care claims information.

228,42Section
42. 153.50 (1) (b) 1m. of the statutes is created to read:

153.50 (1) (b) 1m. "Patient-identifiable data" does not include calculated variables that are derived from patient-identifiable data and the dissemination of which does not permit patient identification.

153.50 (1) (b) 2. (intro.) "Patient-identifiable data", for information submitted by health care providers who are not hospitals or ambulatory surgery centers and by insurers and administrators, means all of the following data elements:

228,44Section
44. 153.50 (3) (intro.) of the statutes is amended to read:

153.50 (3)Measures to ensure protection of patient identity. (intro.) To ensure that the identity of patients is protected when information obtained by the department or, by the entity under contract under s. 153.05 (2m) (a), or by the data organization under contract under s. 153.05 (2r) is disseminated, the department and, the entity, and the data organization shall do all of the following:

153.50 (3) (a) Aggregate any data element category containing small numbers. The department, in so doing, shall use procedures that are developed by the department and approved by the board and that follow commonly accepted statistical methodology.

228,46Section
46. 153.50 (3) (b) (intro.) of the statutes is amended to read:

153.50 (3) (b) (intro.) Remove and destroy all of the following data elements on the uniform patient billing forms that are received by the department or by, the entity, or the data organization under the requirements of this chapter:

153.50 (3) (d) Require that a purchaser of data under this chapter sign and have notarized the data use agreement of the department or of, the entity
specified in par. (c), or the data organization, as applicable.

153.50 (3m)Health care providerProvider, administrator, or insurer measures to ensure patient identity protection. A health care provider that is not a hospital or ambulatory surgery center or an insurer or an administrator shall, before submitting information required by the department, or by the data organization under contract under s. 153.05 (2r), under this chapter, convert to a payer category code as specified by the department or the data organization, as applicable, any names of an insured's payer or other insured's payer.

228,49Section
49. 153.50 (4) (a) (intro.) of the statutes is amended to read:

153.50 (4) (a) (intro.) Except as specified in par. pars. (b) and (c), under the procedures specified in sub. (5), release of patient-identifiable data may be made only to any of the following:

153.50 (4) (a) 1. a. An agent of the department who is responsible for the patient-identifiable data in the department, in order to store the data and ensure the accuracy of the information in the database of the department or to create a calculated variable that is derived from the patient-identifiable data.

153.50 (4) (a) 1. b. An agent of the entity under contract under s. 153.05 (2m) (a) who is responsible for the patient-identifiable data of the entity, in order to store the data and ensure the accuracy of the information in the database of the entity or to create a calculated variable that is derived from the patient-identifiable data.

228,52Section
52. 153.50 (4) (a) 1. c. of the statutes is created to read:

153.50 (4) (a) 1. c. An agent of the data organization under contract under s. 153.05 (2r) who is responsible for the patient-identifiable data of the data organization, in order to store the data and ensure the accuracy of the information in the database of the data organization or to create a calculated variable that is derived from the patient-identifiable data.

228,53Section
53. 153.50 (4) (a) 2. of the statutes is amended to read:

153.50 (4) (a) 2. A health care provider that is not a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the department or the data organization under contract under s. 153.05 (2r), or a health care provider that is a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the entity under contract under s. 153.05 (2m) (a).

228,54Section
54. 153.50 (4) (a) 3. of the statutes is amended to read:

153.50 (4) (a) 3. The department or its agent, for purposes of epidemiological investigation, or, with respect to information from health care providers that are not hospitals or ambulatory surgery centers, the department or the data organization under contract under s. 153.05 (2r), to eliminate the need for duplicative databases.

153.50 (4) (c) The data organization under contract under s. 153.05 (2r) may not share health care claims data collected by the data organization unless the sharing is in compliance with 42 USC 1320d-2 and 1320d-4 and 45 CFR 164.

228,56Section
56. 153.50 (5) (a) (intro.) of the statutes is amended to read:

153.50 (5) (a) (intro.) The department or
, an entity that is under contract under s. 153.05 (2m) (a), or a data organization that is under contract under s. 153.05 (2r) may not release or provide access to patient-identifiable data to a person authorized under sub. (4) (a) unless the authorized person requests the department or, entity, or data organization, in writing, to release the patient-identifiable data. The request shall include all of the following:

228,57Section
57. 153.50 (5) (b) (intro.) of the statutes is amended to read:

153.50 (5) (b) (intro.) Upon receipt of a request under par. (a), the department or, entity
under contract under s. 153.05 (2m) (a), or data organization, whichever is appropriateapplicable, shall, as soon as practicable, comply with the request or notify the requester, in writing, of all of the following:

228,58Section
58. 153.50 (5) (b) 1. of the statutes is amended to read:

153.50 (5) (b) 1. That the department or
, entity, or data organization, as applicable, is denying the request in whole or in part.

228,61Section
61
. 153.60 (1) of the statutes, as affected by Wisconsin Act 25, is amended to read:

153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and, maintaining the board, and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a), maintaining the board, and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

153.65 (1)TheSubject to s. 153.455, the department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (hi).

(1)Contract with data organization. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of employee trust funds under section 20.515 (1) (ut) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $150,000 for fiscal year 2006-07 to provide one-time funding for the costs of contracting for data collection, analysis, and reporting of health care claims information by a data organization.

228,73Section
73.0
Effective dates. This act takes effect on the day after publication, except as follows:

(2) Elimination of Independent Review Board. The treatment of sections 15.195 (9), 153.45 (1) (b) 9. and 11. and (c) (intro.) and (6), and 153.67 of the statutes takes effect on July 1, 2006.

(3) Voluntary health care plan reporting. The treatment of sections 153.05 (6r), 153.60 (3), and 153.75 (2) (d) of the statutes takes effect on the date specified in section 153.455 (1) of the statutes, as created by this act.

(4) Elimination of interagency coordinating council. The treatment of sections 15.107 (7) and 16.03 of the statutes takes effect on July 1, 2006.

(5) Suspension of Rules. The treatment of sections 153.75 (1) (intro.) (by Section 67
) and (2) (intro.) (by Section 69) of the statutes takes effect on the date specified in section 153.455 (1) of the statutes, as created by this act.